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Month: August 2018

The Business Laws in our nation and our regulations have become so complex they seem to be choking the viability of not only our court system, but also adding layers of laws to companies to the point of suffocation.

The bureaucracy is not only in government, but it has reached all levels of business small, medium and large. Of course, some rules of the game are needed to help our economic machine with standardization.

But, with all the case law, written laws and lawsuits, the laws no longer serve the purpose of allowing business to know in advance what to expect or give them adequate measure to dictate policies within their companies.

One thing that I have noticed is that if you pick up an old business law book prior to 1940, well, there is no much in it. It’s pretty simple and down to earth. When reading through the chapters you’ll find that it all makes sense, it’s all traceable and you can find meaning.

Today things are much different. I would advise any MBA student or individual looking to get into business law to read old business law books and text books. In fact, let me recommend a very good one to you that I have in my own personal library:

“A Text Book of Law and Business” by William H. Spencer; McGraw-Hill Book Company Incorporated; New York, NY; 1938.

If you ever find yourself asking the questions; 1.) Where Did Our Business Laws and Regulations Come From or; 2.) How Have Our Business Laws Changed Over the Years? Then just reading through this work will shed some light on the subject. So, think on it.

If ever you are wondering what particular services you can get from a business law firm, the following can help answer the questions you might have in mind. I have gathered some of notable legal services below.

A business law firm can help address issues concerning the following:

Civil litigation

A business law firm can help in civil litigation. This has something to do with addressing issues like purchase and sale contract breaches, service and supply contract breaches, shareholder and partner disputes, trade secrets, fraud, etc. It can provide representation to clients in all forum of dispute resolution, including jury trials, arbitration and mediations.

Construction Law

It is also able to provide client support in all aspects of construction law including contract review, bid protests, construction claims, prevailing wages and labor disputes, negotiation through project assistance, business formation and licensing. Dispute resolution can be through litigation, mediation or arbitration.

Corporate and business

For corporate and business issues, it can help clients in entity formation and infrastructure, commercial transactions such as manufacturing and supplier agreements, merger and acquisitions.

Estate planning, trust and probate

Clients go to business law firm for estate planning, trust and probate issues. Some of these issues that a law firm handles include assets and healthcare decisions, ensuring children, ensuring estate, issues on concerning inheritance, etc.

Intellectual property

For intellectual property issues, a business law firm can help in litigation, which includes trade secret, unfair competition, patent, and the like. It can also provide assistance for your technology transaction needs like licensing, manufacturing, development and distribution agreement.

Labor and employment

For labor and employment, it can represent employers in all facets of employment law, which include defending employment discrimination, wrongful termination, unfair completion, sexual harassment, and the like. It can also help in labor relation issues such as includes organizing union campaign and terminating union contract, etc.

A business law firm is also capable of providing assistance for real estate issues such as property purchase and sales, real estate litigation, commercial leasing, title issues, easement and license dispute, as well as real estate broker and agent commission disputes.

So, now that you know some of the services a business law firm can give the next challenge you may face is knowing which particular legal service provider to choose the moment you will need these services. As a general rule of thumb, it is imperative that you are able to check its reputation and the following criteria can help: years in service, number of complaints, number of good reviews from both previous and current clients, and certifications.

Getting started with your own business, even if it is just a buy and sell small business, is not as easy as simply financing for it and selling. A business requires that you invest money in it and make it grow. The money you invest is rarely so small a sum that, if lost, you can easily get over. Rather, it is usually a significantly large amount of money. Because of this, there is also a need for you to protect the security of your business. The way to do it is to hire a business law attorney who will be able to help you get started and assist throughout your business’ life.

In getting started, a business law attorney will be able to help you secure business permits and other legal documents to make your business fully operational without the fear of having to close down because of any possible violation. They will be able to educate you and your business partners about the different laws you need to know and how to oblige by them. A business law attorney will help you deal with your clients, customers and business partners in a secure way. They will help you with the different contracts involved and educate you on the different taxes you need to comply with and other fees. They will also educate you on Uniform Commercial Code, Competition Law, Financial Regulation and everything else you need to know. Moreover, they can help you create an effective and secure contract between you and your employees so that you are guaranteed they will not turn against you and your business. They will help you secure the satisfaction of your employees and yours as well.

In managing your business, a business law attorney will be able to help you secure every transaction by making sure everything goes through the right and legal processes. In cases of customer complaints, a business law attorney will also be able to help you deal with them. They will make sure that everything is well taken care of so that your business does not end up closing down. He/she will also be able to help you update your taxes, permits and contracts to ensure an ongoing business.

If you decide to grow your business, a business law attorney will be able to help you comply with all the legal documents you need. If in case you need to close down your business due to bankruptcy or other reasons, a business law attorney will be able to guide you in preserving your rights and benefits so that you do not end up totally broke.

A lot of people these days who are trying to get started with their own business do not find an attorney necessary until they find their business in a seemingly endless legal problem. But if you ask the most successful businesspeople, they will tell you that the two professionals that actually greatly contribute to the success of any business are its accountant and business law attorney.